A Manitoba Child and Family Services agency has failed in its controversial bid to see a provincial judge kicked off an inquest into how a little girl came to be killed by her mother at a Winnipeg transitional-housing facility for women.

While ruling Judge Larry Allen “undoubtedly and undeniably” took an active role in questioning an Awasis CFS worker, Court of Queen’s Bench Chief Justice Glenn Joyal ruled Thursday the agency failed to show Allen’s own decision to stay on as judge of the Jaylene Sanderson-Redhead inquest needed review and overturning.

And, even if it had, Joyal said, a careful review of the evidence Awasis relied on to prove its case didn’t show Allen’s conduct was “so flagrant” that it amounted to a breach of natural justice.

“This is not a case where the impugned conduct, at this point in the proceedings, can be obviously seen to have destroyed the underlying fairness, legality and legitimacy of the inquest such that any impugned conduct or recommendations could not be addressed on appeal,” Joyal said.

The inquiry is slated to resume Monday.

Jaylene was killed in June 2009 at age 20 months at her mother, Nicole Redhead’s hands. The two were reunited months earlier and were living at the Native Women’s Transition Centre. Redhead is currently serving a 12-year prison term after pleading guilty to manslaughter in 2011.

Awasis sought an order ultimately removing Allen, claiming he demonstrated a “reasonable apprehension of bias” in his treatment of witness Shelley Burnstick, a social worker who once handled Sanderson-Redhead’s file.

The agency claimed Allen was unfair and aggressive in his treatment of Burnstick and went outside the bounds of his role in the proceedings.

Earlier this week, Awasis lawyer John Harvie took Joyal through many sections of a 350-page transcript of Burnstick’s evidence, showing how Allen intervened or asked questions of the witness 281 times, court heard.

Burnstick spent three days on the witness stand. She was described as a “difficult witness” who at one point was excused so lawyers and Allen could discuss what the Crown described as her “proclivity to provide evasive answers,” Joyal said.

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Judge won't be kicked off Redhead inquest

A Manitoba Child and Family Services agency has failed in its controversial bid to see a provincial judge kicked off an inquest into how a little girl came to be killed by her mother at a Winnipeg transitional-housing facility for women.

While ruling Judge Larry Allen "undoubtedly and undeniably" took an active role in questioning an Awasis CFS worker, Court of Queen's Bench Chief Justice Glenn Joyal ruled Thursday the agency failed to show Allen's own decision to stay on as judge of the Jaylene Sanderson-Redhead inquest needed review and overturning.

And, even if it had, Joyal said, a careful review of the evidence Awasis relied on to prove its case didn't show Allen's conduct was "so flagrant" that it amounted to a breach of natural justice.